New Mexico 2023 Regular Session

New Mexico House Bill HB194 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 194
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3030 TH LEGISLATURE
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4545 2023
4646 INTRODUCED BY
4747 Nathan P. Small
4848 FOR THE LEGISLATIVE FINANCE COMMITTEE
4949 AN ACT
5050 RELATING TO PUBLIC SCHOOL FINANCE; CREATING A K-12 PLUS FACTOR;
5151 INCREASING THE LENGTH OF A SCHOOL YEAR; INCREASING THE AT-RISK
5252 PROGRAM UNIT; INCREASING THE RESPONSIBILITY FACTOR FOR
5353 PRINCIPALS AND ASSISTANT PRINCIPALS BY A PERCENTAGE OF THE
5454 FAMILY INCOME INDEX; PROVIDING TECHNICAL CLEANUP; REPEALING
5555 SECTIONS OF THE NMSA 1978 REGARDING THE K-5 PLUS AND EXTENDED
5656 LEARNING TIME PROGRAMS.
5757 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5858 SECTION 1. A new section of the Public School Finance Act
5959 is enacted to read:
6060 "[NEW MATERIAL] K-12 PLUS FACTOR--TIERS--CALCULATION.--
6161 A. A school district or charter school is eligible
6262 for the K-12 plus program unit if it provides more than one
6363 hundred eighty instructional days for a public school with a
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9191 five-day school week, or one hundred fifty-two days for a
9292 public school with a four-day school week, and meets the
9393 requirements of this section.
9494 B. The number of K-12 plus program units is
9595 determined by multiplying the MEM in department-approved K-12
9696 plus schools by the cost differential factor of sixteen-
9797 thousandths and the number of instructional days provided
9898 between:
9999 (1) one hundred eighty-one and one hundred
100100 ninety instructional days for a public school with a five-day
101101 school week; and
102102 (2) one hundred fifty-three and one hundred
103103 sixty instructional days for a public school with a four-day
104104 school week.
105105 C. The number of K-12 plus program units is
106106 determined by multiplying the MEM in department-approved K-12
107107 plus schools by the cost differential factor of twenty-four
108108 thousandths and the number of instructional days provided
109109 between:
110110 (1) one hundred ninety-one and two hundred
111111 five instructional days for a public school with a five-day
112112 school week; and
113113 (2) one hundred sixty-one and one hundred
114114 seventy-two instructional days for a public school with a four-
115115 day school week.
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144144 D. To be eligible for the K-12 plus program unit as
145145 provided in Subsection C of this section, a school district or
146146 charter school shall provide:
147147 (1) out-of-school time program opportunities
148148 for academic learning, extracurricular or enrichment
149149 programming for students that do not supplant federally funded
150150 programs; and
151151 (2) a minimum of eighty noninstructional hours
152152 per school year for professional work time for instructional
153153 staff.
154154 E. As used in this section, "K-12" means
155155 kindergarten through twelfth grade."
156156 SECTION 2. Section 22-2-8.1 NMSA 1978 (being Laws 1986,
157157 Chapter 33, Section 2, as amended by Laws 2011, Chapter 35,
158158 Section 1 and by Laws 2011, Chapter 154, Section 1) is amended
159159 to read:
160160 "22-2-8.1. SCHOOL YEAR--LENGTH OF SCHOOL DAY--
161161 MINIMUM.--
162162 A. Except as otherwise provided in this section,
163163 regular students shall be in school-directed programs,
164164 exclusive of lunch, for a minimum of the following:
165165 (1) kindergarten, [for half-day programs, two
166166 and one-half hours per day or four hundred fifty hours per year
167167 or, for full-day programs ] five and one-half hours per day or
168168 [nine hundred ninety] one thousand one hundred forty hours per
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197197 year;
198198 (2) grades one through six, five and
199199 one-half hours per day or [nine hundred ninety ] one thousand
200200 one hundred forty hours per year; and
201201 (3) grades seven through twelve, six hours per
202202 day or one thousand [eighty ] one hundred forty hours per year.
203203 B. Up to thirty-three hours of the full-day
204204 kindergarten program may be used for home visits by the teacher
205205 or for parent-teacher conferences. Up to twenty-two hours of
206206 grades one through six programs may be used for home visits by
207207 the teacher or for parent-teacher conferences. Up to twelve
208208 hours of grades seven through twelve programs may be used to
209209 consult with parents to develop next step plans for students
210210 and for parent-teacher conferences.
211211 C. Nothing in this section precludes a local school
212212 board from setting a school year or the length of school days
213213 in excess of the minimum requirements established by Subsection
214214 A of this section.
215215 D. The secretary may waive the minimum length of
216216 school days in those school districts where such minimums
217217 would create undue hardships as defined by the department as
218218 long as the school year is adjusted to ensure that students
219219 in those school districts receive the same total
220220 instructional time as other students in the state.
221221 E. Notwithstanding any other provision of this
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250250 section, provided that instruction occurs simultaneously,
251251 time when breakfast is served or consumed pursuant to a state
252252 or federal program shall be deemed to be time in a school-
253253 directed program and is part of the instructional day."
254254 SECTION 3. Section 22-8-6 NMSA 1978 (being Laws 1967,
255255 Chapter 16, Section 60, as amended) is amended to read:
256256 "22-8-6. OPERATING BUDGETS--EDUCATIONAL PLANS--
257257 SUBMISSION--CERTAIN REPORTS--FAILURE TO SUBMIT.--
258258 A. Prior to April 15 of each year, each local
259259 school board shall submit to the department an operating
260260 budget for the school district and any locally chartered
261261 charter school in the school district for the ensuing fiscal
262262 year.
263263 B. The date for the submission of the operating
264264 budget for each school district and each charter school as
265265 required by this section may be extended to a later date
266266 fixed by the secretary.
267267 C. The operating budget required by this section
268268 may include:
269269 (1) estimates of the cost of insurance
270270 policies for periods up to five years if a lower rate may be
271271 obtained by purchasing insurance for the longer term; or
272272 (2) estimates of the cost of contracts for
273273 the transportation of students for terms extending up to four
274274 years.
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303303 D. The operating budget required by this section
304304 shall include a budget for each charter school of the
305305 membership projected for each charter school, the total
306306 program units generated at that charter school and
307307 approximate anticipated disbursements and expenditures at
308308 each charter school.
309309 E. For fiscal year 2021 and subsequent fiscal
310310 years, each school district's and each locally chartered or
311311 state-chartered charter school's educational plan shall
312312 include:
313313 (1) information on the instructional time
314314 offered by the school district or charter school, including
315315 the number of instructional days by school site and the
316316 number of hours in each instructional day and the frequency
317317 of early-release days;
318318 (2) a narrative explaining the identified
319319 services to improve the academic success of at-risk students;
320320 [(3) a narrative explaining the services
321321 provided to students enrolled in the following programs:
322322 (a) extended learning time programs,
323323 including a report of how the extended learning time is used
324324 to improve the academic success of students and professional
325325 learning of teachers; and
326326 (b) K-5 plus programs;
327327 (4)] (3) a narrative explaining the school
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356356 district's or charter school's beginning teacher mentorship
357357 programs as well as class size and teaching load information;
358358 [(5)] (4) a narrative explaining
359359 supplemental programs or services offered by the school
360360 district or charter school to ensure that the Bilingual
361361 Multicultural Education Act, the Indian Education Act and the
362362 Hispanic Education Act are being implemented by the school
363363 district or charter school;
364364 [(6)] (5) a narrative describing the amount
365365 of program cost generated for services to students with
366366 disabilities and the spending of these revenues on services
367367 to students with disabilities, which shall include the
368368 following:
369369 (a) program cost generated for
370370 students enrolled in approved special education programs;
371371 (b) budgeted expenditures of program
372372 cost, for students enrolled in approved special education
373373 programs, on students with disabilities;
374374 (c) the amount of program cost
375375 generated for personnel providing ancillary and related
376376 services to students with disabilities;
377377 (d) budgeted expenditures of program
378378 cost for personnel providing ancillary and related services
379379 to students with disabilities, on special education ancillary
380380 and related services personnel; and
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409409 (e) a description of the steps taken
410410 to ensure that students with disabilities have access to a
411411 free and appropriate public education; and
412412 [(7)] (6) a common set of performance
413413 targets and performance measures, as determined by the
414414 department in consultation with the department of finance and
415415 administration, the legislative finance committee and the
416416 legislative education study committee.
417417 F. In addition to the requirements of Subsection
418418 E of this section, a school district or charter school that
419419 receives federal or local revenue shall include in its
420420 educational plan a narrative explaining how the school
421421 district or charter school will use the federal or local
422422 revenue to improve outcomes for students or to improve the
423423 condition of a school building. No later than October 1 of
424424 each year, a school district or charter school that received
425425 federal or local revenue in the prior fiscal year shall
426426 report to the department on the actual uses of that revenue,
427427 including a comprehensive evaluation of how the programs and
428428 services provided with that revenue improved outcomes for
429429 students or how capital projects undertaken improved the
430430 condition of a school building. A school district or charter
431431 school that is required under federal law to consult with
432432 tribal entities as a condition of receiving impact aid funds
433433 shall include in its educational plan a detailed narrative of
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462462 its consultations with tribal entities and the results of
463463 those consultations. The school district or charter school
464464 shall transmit the October 1 spending and outcomes report to
465465 the appropriate tribal authorities. No later than November
466466 15 of each year, the department shall compile the federal and
467467 local revenue outcomes reports into a statewide report to the
468468 legislative education study committee and the legislative
469469 finance committee that includes an analysis and
470470 identification of effective programs and strategies that
471471 improve outcomes for students.
472472 G. A school district or charter school operating
473473 budget and educational plan shall prioritize federal and
474474 local revenue for purposes relating to the Indian Education
475475 Act; for capital expenditures authorized by the Public School
476476 Capital Outlay Act, the Public School Capital Improvements
477477 Act or the Public School Buildings Act; or for research-based
478478 or evidence-based social, emotional or academic interventions
479479 for which at-risk program units may be used.
480480 H. If a local school board or governing board of
481481 a charter school fails to submit an operating budget pursuant
482482 to this section, the department shall prepare the operating
483483 budget for the school district or charter school for the
484484 ensuing fiscal year. A local school board or governing board
485485 of a charter school shall be considered as failing to submit
486486 an operating budget pursuant to this section if the budget
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515515 submitted exceeds the total projected resources of the school
516516 district or charter school or if the budget submitted does
517517 not comply with the law or with rules and procedures of the
518518 department.
519519 I. As used in this section:
520520 (1) "federal revenue" means seventy-five
521521 percent of the revenue derived from:
522522 (a) federal forest reserve funds
523523 distributed in accordance with Section 22-8-33 NMSA 1978; or
524524 (b) federal assistance to those areas
525525 affected by federal activity authorized in accordance with
526526 Title 20 of the United States Code, commonly known as "PL 874
527527 funds" or "impact aid funds"; and
528528 (2) "local revenue" means seventy-five
529529 percent of the revenue from a school district one-half mill
530530 school district property tax and revenue from the Oil and Gas
531531 Ad Valorem Production Tax Act and the Oil and Gas Production
532532 Equipment Ad Valorem Tax Act."
533533 SECTION 4. Section 22-8-18 NMSA 1978 (being Laws 1974,
534534 Chapter 8, Section 8, as amended by Laws 2019, Chapter 206,
535535 Section 13 and by Laws 2019, Chapter 207, Section 13) is
536536 amended to read:
537537 "22-8-18. PROGRAM COST CALCULATION--LOCAL
538538 RESPONSIBILITY.--
539539 A. The total program units for the purpose of
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568568 computing the program cost shall be calculated by multiplying
569569 the sum of the program units itemized as Paragraphs (1) and
570570 (2) in this subsection by the staffing cost multiplier and
571571 adding the program units itemized as Paragraphs (3) through
572572 [(16)] (15) in this subsection. The itemized program units
573573 are as follows:
574574 (1) early childhood education;
575575 (2) basic education;
576576 (3) special education, adjusted by
577577 subtracting the units derived from membership in class D
578578 special education programs in private, nonsectarian,
579579 nonprofit training centers;
580580 (4) bilingual multicultural education;
581581 (5) fine arts education;
582582 (6) elementary physical education;
583583 (7) size adjustment;
584584 (8) at-risk;
585585 (9) enrollment growth or new district
586586 adjustment;
587587 (10) special education units derived from
588588 membership in class D special education programs in private,
589589 nonsectarian, nonprofit training centers;
590590 (11) national board for professional
591591 teaching standards certification;
592592 (12) home school student;
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621621 (13) home school student activities;
622622 (14) charter school student activities; and
623623 [(15) K-5 plus; and
624624 (16) extended learning time ]
625625 (15) K-12 plus.
626626 B. The total program cost calculated as
627627 prescribed in Subsection A of this section includes the cost
628628 of early childhood, special, bilingual multicultural, fine
629629 arts and vocational education and other remedial or
630630 enrichment programs. It is the responsibility of the local
631631 school board or governing body of a charter school to
632632 determine its priorities in terms of the needs of the
633633 community served by that board. Except as otherwise provided
634634 in this section, funds generated under the Public School
635635 Finance Act are discretionary to local school boards and
636636 governing bodies of charter schools; provided that the
637637 special program needs as enumerated in this section are met;
638638 and provided further that the department shall ensure that
639639 the local school board or governing body of a charter school
640640 is prioritizing resources for the public school toward proven
641641 programs and methods linked to improved student achievement."
642642 SECTION 5. Section 22-8-23.3 NMSA 1978 (being Laws
643643 1997, Chapter 40, Section 7, as amended) is amended to read:
644644 "22-8-23.3. AT-RISK PROGRAM UNITS.--
645645 A. A school district is eligible for additional
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674674 program units if it establishes within its department-
675675 approved educational plan identified services to assist
676676 students to reach their full academic potential. A school
677677 district receiving additional at-risk program units shall
678678 include a report of specified services implemented to improve
679679 the academic success of at-risk students. The report shall
680680 identify the ways in which the school district and individual
681681 public schools use funding generated through the at-risk
682682 index and the intended outcomes. For purposes of this
683683 section, "at-risk student" means a student who meets the
684684 criteria to be included in the calculation of the three-year
685685 average total rate in Subsection B of this section. The
686686 number of additional units to which a school district is
687687 entitled under this section is computed in the following
688688 manner:
689689 At-Risk Index x MEM = Units
690690 where MEM is equal to the total district membership,
691691 including early childhood education, full-time-equivalent
692692 membership and special education membership and where the at-
693693 risk index is calculated in the following manner:
694694 Three-Year Average Total Rate x [0.30 ] 0.33 = At-Risk
695695 Index.
696696 B. To calculate the three-year average total
697697 rate, the department shall compute a three-year average of
698698 the school district's percentage of membership used to
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727727 determine its Title 1 allocation, a three-year average of the
728728 percentage of membership classified as English language
729729 learners using criteria established by the office for civil
730730 rights of the United States department of education and a
731731 three-year average of the percentage of student mobility.
732732 The department shall then add the three-year average rates.
733733 The number obtained from this calculation is the three-year
734734 average total rate.
735735 C. The department shall recalculate the at-risk
736736 index for each school district every year.
737737 D. For purposes of this section, "services" means
738738 research-based or evidence-based social, emotional or
739739 academic interventions, such as:
740740 (1) case management, tutoring, reading
741741 interventions and after-school programs that are delivered by
742742 social workers, counselors, teachers or other professional
743743 staff;
744744 (2) culturally relevant professional and
745745 curriculum development, including those necessary to support
746746 language acquisition, bilingual and multicultural education;
747747 (3) additional compensation strategies for
748748 high-need schools;
749749 (4) whole school interventions, including
750750 school-based health centers and community schools;
751751 (5) educational programming intended to
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780780 improve career and college readiness of at-risk students,
781781 including dual or concurrent enrollment, career and technical
782782 education, guidance counseling services and coordination with
783783 post-secondary institutions; and
784784 (6) services to engage and support parents
785785 and families in the education of students."
786786 SECTION 6. Section 22-8-23.12 NMSA 1978 (being Laws
787787 2019, Chapter 206, Section 18 and Laws 2019, Chapter 207,
788788 Section 18) is amended to read:
789789 "22-8-23.12. NEW PROGRAM FUNDING.--For the first year
790790 of programs operating pursuant to [the K-5 Plus Act ] the
791791 Bilingual Multicultural Education Act, the Fine Arts
792792 Education Act or for [extended learning time ] K-12 plus
793793 programs, a school district or charter school shall generate
794794 the applicable program units. A school district's or charter
795795 school's budget shall be based on the projected number of
796796 program units for the program's first year of operation and
797797 shall be adjusted using the qualified MEM on the first
798798 reporting date of the current school year."
799799 SECTION 7. Section 22-10A-7 NMSA 1978 (being Laws 2003,
800800 Chapter 153, Section 38, as amended) is amended to read:
801801 "22-10A-7. LEVEL ONE LICENSURE.--
802802 A. A level one license is a provisional five-year
803803 license for beginning teachers that requires as a condition
804804 of licensure that the licensee undergo a formal mentorship
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833833 program for at least one full school year and an annual
834834 intensive performance evaluation by a school administrator
835835 for at least three full school years before applying for a
836836 level two license.
837837 B. Each school district, in accordance with
838838 department rules, shall provide for the mentorship and
839839 evaluation of level one teachers. At the end of each year
840840 and at the end of the license period, the level one teacher
841841 shall be evaluated for competency. If the teacher fails to
842842 demonstrate satisfactory progress and competence annually,
843843 the teacher may be terminated as provided in Section
844844 22-10A-24 NMSA 1978. If the teacher has not demonstrated
845845 satisfactory progress and competence by the end of the five-
846846 year period, the teacher shall not be granted a level two
847847 license.
848848 C. Except in exigent circumstances defined by
849849 department rule, a level one license shall not be extended
850850 beyond the initial period.
851851 D. The department shall issue a standard level
852852 one license to an applicant who is at least eighteen years of
853853 age who:
854854 (1) holds a baccalaureate degree from an
855855 accredited educational institution;
856856 (2) has successfully completed a department-
857857 approved teacher preparation program from a nationally
858858 .223742.2
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886886 accredited or state-approved educational institution;
887887 (3) has passed the New Mexico teacher
888888 assessments examination, including for elementary licensure
889889 beginning January 1, 2013, a rigorous assessment of the
890890 candidate's knowledge of the science of teaching reading; and
891891 (4) meets other qualifications for level one
892892 licensure, including clearance of the required background
893893 check.
894894 E. The department shall issue an alternative
895895 level one license to an applicant who meets the requirements
896896 of Section 22-10A-8 NMSA 1978.
897897 F. The department shall establish competencies
898898 and qualifications for specific grade levels, types and
899899 subject areas of level one licensure, including early
900900 childhood, elementary, middle school, secondary, special and
901901 vocational education.
902902 G. The minimum salary for a level one teacher is
903903 fifty thousand dollars ($50,000) for a standard nine and one-
904904 half month contract [provided that teachers in an extended
905905 learning time program or K-5 plus program shall receive
906906 additional salary at the same rate as their base salary for
907907 that teaching time]."
908908 SECTION 8. Section 22-10A-10 NMSA 1978 (being Laws
909909 2003, Chapter 153, Section 41, as amended) is amended to
910910 read:
911911 .223742.2
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939939 "22-10A-10. LEVEL TWO LICENSURE.--
940940 A. A level two license is a nine-year license
941941 granted to a teacher who meets the qualifications for that
942942 level and who annually demonstrates essential competency to
943943 teach. If a level two teacher does not demonstrate essential
944944 competency in a given school year, the school district shall
945945 provide the teacher with additional professional development
946946 and peer intervention during the following school year. If
947947 by the end of that school year the teacher fails to
948948 demonstrate essential competency, a school district may
949949 choose not to contract with the teacher to teach in the
950950 classroom.
951951 B. The department shall issue a level two license
952952 to an applicant who has successfully taught at least three,
953953 but no more than five, years as a level one teacher or an
954954 alternative level one teacher, or a combination of the two,
955955 or is granted reciprocity as provided by department rules.
956956 An applicant for a level two license shall:
957957 (1) demonstrate essential competency
958958 required by the department as verified by the local
959959 superintendent through the highly objective uniform statewide
960960 standard of evaluation; and
961961 (2) meet other qualifications as required by
962962 the department.
963963 C. The department shall provide for
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992992 qualifications for specific grade levels, types and subject
993993 areas of level two licensure, including early childhood,
994994 elementary, middle, secondary, special and vocational
995995 education.
996996 D. The minimum salary for a level two teacher is
997997 sixty thousand dollars ($60,000) for a standard nine and one-
998998 half month contract [provided that teachers in an extended
999999 learning time program or K-5 plus program shall receive
10001000 additional salary at the same rate as their base salary for
10011001 that teaching time]."
10021002 SECTION 9. Section 22-10A-11 NMSA 1978 (being Laws
10031003 2003, Chapter 153, Section 42, as amended) is amended to
10041004 read:
10051005 "22-10A-11. LEVEL THREE LICENSURE--TRACKS FOR
10061006 TEACHERS.--
10071007 A. A level three-A license is a nine-year license
10081008 granted to a teacher who meets the qualifications for that
10091009 level and who annually demonstrates instructional leader
10101010 competencies. If a level three-A teacher does not
10111011 demonstrate essential competency in a given school year, the
10121012 school district shall provide the teacher with additional
10131013 professional development and peer intervention during the
10141014 following school year. If by the end of that school year the
10151015 teacher fails to demonstrate essential competency, a school
10161016 district may choose not to contract with the teacher to teach
10171017 .223742.2
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10451045 in the classroom.
10461046 B. The department shall grant a level three-A
10471047 license to an applicant who has been a level two teacher for
10481048 at least three years and holds a post-baccalaureate degree or
10491049 national board for professional teaching standards
10501050 certification; demonstrates instructional leader competence
10511051 as required by the department and verified by the local
10521052 superintendent through the highly objective uniform statewide
10531053 standard of evaluation; and meets other qualifications for
10541054 the license.
10551055 C. The minimum salary for a level three-A teacher
10561056 is seventy thousand dollars ($70,000) for a standard nine and
10571057 one-half month contract [provided that teachers in an
10581058 extended learning time program or K-5 plus program shall
10591059 receive additional salary at the same rate as their base
10601060 salary for that teaching time ].
10611061 D. The minimum salary for a counselor who holds a
10621062 level three or three-A license as provided in the School
10631063 Personnel Act and rules promulgated by the department shall
10641064 be the same as provided for level three-A teachers pursuant
10651065 to Subsection C of this section.
10661066 E. The responsibility factor for principals and
10671067 assistant principals, as defined in Section 22-10A-2 NMSA
10681068 1978, shall be multiplied by 0.1 of the school's family
10691069 income index amount as calculated in the Family Income Index
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10981098 Act."
10991099 SECTION 10. REPEAL.--Sections 22-8-23.10, 22-8-23.11
11001100 and 22-13D-1 through 22-13D-4 NMSA 1978 (being Laws 2019,
11011101 Chapter 206, Section 16 and Laws 2019, Chapter 207, Section
11021102 16; Laws 2019, Chapter 206, Section 17 and Laws 2019, Chapter
11031103 207, Section 17; Laws 2019, Chapter 206, Section 2 and Laws
11041104 2019, Chapter 207, Section 2; Laws 2019, Chapter 206, Section
11051105 3 and Laws 2019, Chapter 207, Section 3; Laws 2019, Chapter
11061106 206, Section 4 and Laws 2019, Chapter 207, Section 4; and
11071107 Laws 2019, Chapter 206, Section 5 and Laws 2019, Chapter 207,
11081108 Section 5, as amended) are repealed.
11091109 SECTION 11. APPLICABILITY.--The provisions of this act
11101110 apply to the 2023-2024 school year and subsequent school
11111111 years.
11121112 - 21 -
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